IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No 388 of 2021

Arising Out of PS. Case No.-75 Year-2019 Thana- AURAI District- Muzaffarpur

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RAMCHANDRA SAH S/o Late Jailal Shah Resident of Village- Mahrauli,

P.S.- Aurai, Distt- Muzaffarpur.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr Ajay Kumar Thakur,

Ms Vaishnavi Singh, Advocates

For the Respondent/s

:

Mr Bipin Chandra, Special PP

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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 19-03-2021

Heard learned counsel for the appellant and the learned

Special PP for the State.

2 The appellant has preferred the present Appeal under

Section 14 A (2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015 (for brevity,

SC/ST Act) against the refusal of his prayer for regular bail vide

order dated 20.10.2020 passed by Additional Sessions Judge III

-cum- Special Judge, SC/ST Act, Muzaffarpur in a case initially

registered under Sections 341, 323, 307, 504 of Indian Penal Code

(for brevity, IPC) but subsequently added with Section 302 of IPC

and Sections 3 (i) (x) of SC/ST Act in connection with Aurai

Patna High Court CR. APP (SJ) No.388 of 2021 dt.19-03-2021

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Police Station (for brevity, PS) Case No 75 of 2019 dated

20.03.2019.

3 The prosecution case being that informant’s husband

has been abused by caste name and assaulted by a “lota” and on

account of such beating, he has been treated at Patna Medical

College Hospital and at a private hospital. Subsequently, the

husband of the informant has succumbed to his injuries.

4 Appellant’s counsel submits that from perusal of the

post mortem report, it is apparent that no injury corroborating the

allegation has been found nor the prescriptions support such

injuries, as alleged. In the case diary also, the post mortem report

belies the prosecution case as there is injury caused by sharp

cutting weapon like knife was found. There is no such allegation

of assault by knife. The informant specifically alleged assault by

“lota”. There is sufficient basis for the appellant’s false

implication as there is old enmity between the parties. The

occurrence has allegedly taken place on 05.03.2019 but First

Information Report has been lodged on 20.03.2019, nearly 15 days

later which also indicates falsity of the allegation.

5 In my opinion, a case for grant of regular bail is made

out. The impugned order dated 20.10.2020 requires interference

by this Court, which is, accordingly, set aside.

Patna High Court CR. APP (SJ) No.388 of 2021 dt.19-03-2021

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6 Learned Special PP for the State has opposed the

prayer for bail. He has submitted that there is specific allegation

of assault attributed against the appellant which has led to the

death of informant’s husband. However, from the injury report, he

is not in a position to point out any corroborating injury caused by

lota.

7 Considering the rival submissions, this appeal is

allowed. The impugned order dated 20.10.2020 passed by

Additional Sessions Judge III -cum- Special Judge, SC/ST Act,

Muzaffarpur in connection with Aurai PS Case No 75 of 2019

dated 20.03.2019 is set aside.

8 Let the appellant above named be released on bail on

his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

Additional Sessions Judge III -cum- Special Judge, SC/ST Act,

Muzaffarpur in Aurai PS Case No 75 of 2019 dated 20.03.2019

subject to the following conditions:

(1) That one of the bailors will be a close relative of the

appellant who will give an affidavit giving genealogy as to how he

is related with the appellant. The bailor will also undertake to

inform the Cour